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(영문) 제주지방법원 2018.07.05 2017노557
업무상배임등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal by the defendant is examined only as to the grounds for appeal specified in the reasons for appeal submitted within the submission period of the written reasons for appeal, which are the fact that the punishment sentenced by the court below (one year and two months of imprisonment and two years of suspended execution) is too unreasonable.

Therefore, in light of the following: (a) it is difficult to judge that the Defendant had no criminal record of the same kind, and the special relationship between D and E, etc., the Defendant’s occupational breach of trust related to the instant occupational breach of trust; (b) the Defendant deposited the amount of damage related to the instant occupational embezzlement in E; and (c) other various circumstances, which are the conditions for sentencing specified in the instant case, the sentence imposed by the lower court against the Defendant is unreasonable, and thus, the above assertion is reasonable.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 356 and 355 (2) of the Criminal Act, comprehensively, the point of occupational embezzlement of criminal facts and the point of occupational breach of trust: Articles 356 and 355 (1) of the Criminal Act, comprehensively, inclusive;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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